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(영문) 대전지방법원 천안지원 2018.01.26 2017고단2399
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

. The purpose of engaging in sexual intercourse with D, etc. was to arrange sexual traffic;

2. A person violating the Immigration Control Act shall not employ a person who does not have the status of sojourn eligible for job-seeking activities. However, the Defendant, on April 17, 2017, stayed in the same place as the visit employment (H-2-6) at the same time as that indicated in the preceding paragraph, and thus, employed a Chinese Chinese employee D, who cannot be employed at a sexual traffic business establishment, as an employee of the sexual traffic business establishment operated by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against E or D;

1. Each photograph;

1. Real estate lease contract and business registration certificate;

1. A detailed statement of deposit transactions;

1. Accusation against a person who violates the Immigration Control Act;

1. Application of Acts and subordinate statutes to a report on investigation (Calculation of Criminal Proceeds);

1. Relevant legal provisions concerning facts constituting an offense, Article 19(2)1 of the Act on the Punishment of Acts, Etc. of Arranging Sexual Traffic (the act of arranging sexual traffic for business purposes), Articles 94 subparagraph 9 and 18(3) (the act of employing a person who does not have status of sojourn eligible for job-seeking activities) of the Immigration Control Act, and choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The grounds for sentencing [the scope of the recommended punishment] under Article 25 of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, Etc. (number of 114 cases x Defendant 50,00 won x Defendant 50,00 won / [the scope of the recommended punishment] under Article 2 of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, etc., the basic area (from June to January to April) (no special person subject to sentencing] * The violation of the Immigration Control Act is not set the sentencing guidelines [the sentence] [the fact that there is a history of being sentenced to a fine for the same type of crime, reflects the fact that there is no criminal punishment, other than once, the fact that there is no criminal punishment, and the period and scale of business of the instant case, etc. shall be determined as the sentence as per the order for sentencing.

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